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Terms and Conditions

Effective Date: January 11, 2024

Summary of Recent Changes:
Updated terms and definitions around Active Sites and Live Sites

Agent Elite, Inc. Terms & Conditions

ATTENTION: AGENT ELITE DOES NOT…

  1. Sell your leads!
  2. Guarantee the number of leads you will receive. The actions of people, in general, are unpredictable.
  3. Guarantee that your website will land on the first page of Google. Only Google controls that.
Mandatory Signature Needed to Continue with Our Services

Below are Online General Terms and Conditions between you and Agent Elite Inc., a California corporation (“Company” or “Agent Elite”). The terms of your specific requested services with Agent Elite are set forth in the General Services Agreement and Exhibit A, which are incorporated herein by this reference. By creating an Agent Elite account and thereby submitting and agreeing to the Agent Elite Online General Terms and Conditions, and General Services Agreement exhibits, (1) the person doing so represents that he or she is at least 18 years of age and legally capable of forming a binding contract; (2) whether such person is submitting the registration form on behalf of himself or herself or on behalf of any business, organization, or other entity of any kind, such person represents and warrants that he or she is authorized to sign for and bind the contracting party (“You” or “Client”); and (3) You agree to be legally bound by Company’s Online General Terms and Conditions, General Services Agreement, all exhibits and amendments collectively with all applicable Agent Elite rules and policies, including the Agent Elite Privacy Policy, instructions, terms and conditions on Company’s website (collectively, the “Agreement”). The Agreement applies to all products and services provided by Agent Elite to you, which may include, without limitation, any one or more of: the AE Network, the SEM Product, internet domain names, websites, website design services, traffic acquisition services, display advertising, pixel creation and placement, list segmentation, marketing coaching, and many other services (each and collectively, as applicable, the “Product”). References to “we” and “our” and “Agent Elite” refer to Agent Elite, Inc. References to “you” and “your” and “Client” refer to the recipient or user of the Product, including your successors and assigns, and your agents, employees or independent contractors.

THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE PRODUCT, AS WELL PROVISIONS ABOUT DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND A COMMITMENT TO RESOLVE DISPUTES BY ARBITRATION INSTEAD OF IN COURT.

In furnishing any services for Client, Company will act as an independent contractor in relation to Client. Neither party shall have the right to obligate or bind the other in any manner whatsoever, nor nothing contained herein shall give, or is intended to give, any rights of any kind to any third person. Except as otherwise provided, the Agreement may only be modified by a written amendment (provided electronically or otherwise) executed by authorized representatives of both parties. Notwithstanding the foregoing, Company may update this Agreement or any of its Products, Services, Policies, and Privacy Policies from time to time and will provide notice to Client either at the email address on file with the account or in Client’s dashboard of their website. Such updates will become effective thirty (30) days after such notice to Client. In the event that any such update would be of material detriment to Client and is not required by Law, Client must inform Company of its objection within ten (10) days of receiving the notice provided under this provision. If the parties, negotiating in good faith cannot reach an agreement within thirty (30) days, either party may terminate the portion of the Products or Services affected by the change without penalty by written notice to the other party. Any use of the Services after the effective date will be deemed Client’s acceptance of the change.

Services Breakdown
By agreeing to these terms and conditions you are agreeing to pay for the services that have been requested by You through your communication through our website, email, or phone. Upon the purchase of a website product, you’ll have an active site url created on an agentelite.com subdomain, unique to you and your account within 1-3 business days. To transfer your active site to your own desired domain, we’ll need all of your domain information from you as soon as possible. This may include your registrar’s login or temporary access to your registrar to help you with the process as it can be complicated. Your account starts with a prorated, upfront cost based on the day you purchase and the number of days left in the month. Subsequently, your billing cycle will start on the 1st day of the month following your initial purchase.
Registration
  1. You agree, represent, and warrant that you shall at all times provide accurate information when registering an account with Agent Elite and when using the Product. You agree to update and maintain as accurate all such information during your use of the Product. You may update the information in your profile, change your password, manage notifications, and change settings within the Product.
  2. This Agreement shall apply to each Product you purchase from Agent Elite separately as the Products may be subject to different terms and conditions (as further described below). You may also purchase Products at different times, each time you purchase a Product, you consent to the terms and conditions of this Agreement as a separate agreement between you and Agent Elite.
  3. Client’s monthly billing cycle is created and agreed to immediately at the time of purchase, whether you (The Client) provide Company with the information needed or not.
  4. Monthly payments are required for most, if not all services and vary depending on which type of package or product is chosen, how many agents are included, 3rd party costs, etc.
  5. Any setup cost must be paid upon purchase of any package, product, or service. Setup costs are determined by many factors. Setup costs may vary depending on the package, product, quantity, amount of additional work needed, coupons, promotions, and even other factors not discussed here.
  6. Setup Fees. Setup Fees are due and payable upon execution of this Agreement. Setup Fees are non-refundable. For all Licensees, Setup fees include administrative account setup and MLS® Paperwork Processing.
  7. Service Fees. Assessment of monthly or annual Service Fees begins upon execution of this Agreement. A prorated Service Fee will be due for the remainder of the calendar month in which the Effective Date falls. Regular Service Fees will commence upon the first of the month following the Effective Date. Service Fees are non-refundable in the event that Licensee cancels service before the end of the Term. If Licensee selects a Managed Service package, Licensee’s account will remain on that package for a minimum of three months.
  8. You may edit and manage your website through the your Website Dashboard. Edits, upgrades, and/or color changes outside the scope of the Website Dashboard may be available at an additional cost through Agent Elite’s support services starting at $150/hr.
  9. Company owns all files relating to the core system and themes. Proprietary files and themes are not available for purchase.
  10. You are responsible for providing all content for your site. Default and temporary stock media may be provided by Agent Elite until you update your own content. You should take extreme care in securing and providing your own content for posting. You must ensure that you own or are properly licensed to use all content you add to your website. Company relinquishes all ownership and rights to any and all images and content to the Client. Once the Client has access to their dashboard, media and content are owned by Client and controlled by the Client only. Client will be responsible for any and all copyright infringement that may be brought to their attention whether it be on accident or intentional or even actions and work provided by Company. Company has no way of knowing if images or content given to perform work is under copyright or not, therefore, the Client is responsible for the exchange of that copyrighted material.
  11. If a community addition is purchased, Company will access Client’s website admin and create community information specified by the Client which will show on their website.
  12. If Company agrees to perform other work or services for Client, Company will keep track of hours worked and invoice Client accordingly.
  13. Company will not perform any 301 redirects unless an hourly payment agreement is made between Client and Company. Company may invoice Client accordingly for any extra work performed.
  14. Company reserves the right to commit the Client to, at the very least, a 3-month contract to give their product ample time to mature and see results (barring any additional addendums that includes a longer contracted term). The contract starts the day of the purchase. If Client decides to cancel before the contract has ended, Client is responsible for the remainder of the payments and will automatically be charged for the remainder of the contract depending upon the contracted monthly rate.
  15. The term of the Agreement may vary depending on promotions and products purchased.
  16. After the initial term has expired, all Services including new packages and work will continue to be serviced and will automatically be renewed on a month-to-month basis. This holds true for any and all services provided by Company.
Website Product
  1. Company may provide consultation regarding the Client’s web presence upon request.
  2. Company may provide Client with hosting for website files and databases as well as a modified WordPress website with user access.
  3. Company may give Client an onboarding session over the phone or using online conference software, at a scheduled time convenient for Client on how to work and log into their website admin area.
  4. Company’s Customer Success team may answer and assist with any questions Client may have regarding their products or services.
  5. Your website may be compatible with Firefox (versions 3.0 and higher), Microsoft Internet Explorer (versions 10.0 and higher), and Google Chrome (versions 30.0 and higher), and for the following operating systems: Windows 2000, Windows XP, Windows Vista, Windows 7, most other Windows versions, and most Mac OS. Your website will also be compatible with most mobile smartphones and devices.
  6. Company is not liable for any loss of email, delays, or issues relating to or caused by your domain registrar, domain, nameservers, or DNS. When authorizing the transfer of a domain, you are still the owner of the domain and Company may be the registrar, if applicable. It is your responsibility to renew the domain name. Domain Purchases are non-refundable and subject to availability. Please contact us with any questions or issues with your domain so that we may provide guidance.
  7. Renewal and maintenance of Client owned, 3rd party domain names are Client’s responsibility.
  8. You, the Client, will be responsible for monthly Service and Support fees which may include fees associated with your website and additional products and services you may have purchased. The 30-day Term is to commence on the Effective Date. The Effective Date is defined as the date the client pays the required fees and approves the General Services Agreement. Any party may terminate the Agreement by providing 30 days’ notice to terminate. Company may terminate the Agreement at any time for cause.
  9. Company reserves the right to refuse, cancel, or discontinue any and all services at any time for any reason to any person.
  10. Company is NOT responsible for any changes made by Facebook, Meta, X, and/or Twitter or any other third-party resource.
  11. Company does NOT guarantee service outside of the United States of America (“USA”). The majority of hacks and online attacks happen outside of the USA. Company reserves the right to refuse access to our services and servers outside of the USA to preserve the security of our service, servers, and our clients. Company provides services in certain areas in Mexico and Canada.
  12. The specific features and functionality of the Product are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Product. We also reserve the right to withdraw, suspend, or discontinue any feature or functionality of the Product at any time.
Facebook/Meta Advertising, and AE Network Products
  1. If the FBM, Facebook Ads, Meta Ads, Google Ads, SEM, or any AE Network service is purchased, Company will provide consultation regarding the client’s communities/listings or other chosen content.
  2. Client’s FBM, Facebook Ads, Meta Ads, Google Ads, SEM, or any AE Network service will start running once the overall strategy of the ad is finalized and may start the next month depending on how many days are left in the month to advertise. Facebook/Meta ads start as soon as our team can put undivided attention to your particular ad. It could be any time of the month depending on the optimization of the ad and how much the ad budget is compared to the number of days left in the month.
  3. Client’s FBM, Facebook Ads, Meta Ads, Google Ads, SEM, or any AE Network service may be lumped into any currently existing billing cycle.
  4. This service will be month-to-month after the contract term has ended and will continue to be billed accordingly.
  5. Refunds for payments made will not be authorized if required access to Client’s ad platform is not provided to Company
  6. Company reserves the right to charge Client separately and on different dates from any other monthly service provided by Company to Client.
  7. For security purposes, to modify your ad’s budget and/or make other modifications (ie. adding and/or removing State, Metro, County, City) Client must submit a case through the support center in their dashboard or user portal.
  8. Facebook/Meta Ads:
    • Agent Elite may provide the Client with ongoing management of Facebook or Meta Ads (hereinafter referred to as “Facebook Ads” or “Meta Ads” or “Facebook/Meta Ads”) as described in this Agreement.
    • Agent Elite may endeavor to help the Client obtain the Client’s online Facebook/Meta advertising goals by providing the Client with advice, information, and technical services in relation to Facebook/Meta advertising and marketing unless specifically stated to the contrary in this Agreement.
    • Agent Elite does not guarantee any particular rate of return or performance of any online advertising on Facebook/Meta Ads (including but not limited to any particular ads metrics).
    • Agent Elite may manage the ads under the Agent Elite business account with access to Client’s ad manager.
    • The Client can cancel Facebook/Meta Ads Management services by verbal notice only to Agent Elite. A minimum notice period of 30 days is required. Removing Facebook Ads from your package could result in removing any discounts added as a bundled package. Exceptions would be if Client decides to cancel prior to their contract being fulfilled, please refer to the cancellation/billing section. If applicable, Client may cancel their service in the user portal.
    • For clarity, please note that Agent Elite has no correlation to and is not directly involved in Facebook, Meta, Facebook/Meta Business, or Facebook/Meta Ads Manager as Agent Elite is a separate entity from Facebook and Meta.
  9. Certain results cannot be guaranteed. The actions of people cannot be predicted. Company may educate clients and give recommendations based on Company’s experience with other clients. Recommendations are not guarantees.
Intellectual Property
  1. All work done by Company under this Agreement shall be for the benefit of Client, and Company shall not acquire or retain any copyright, patents, trade secret or other intellectual property rights in anything created or developed by Company under this Agreement (“Product.”) “Websites by Agent Elite, Inc.” or “Website Marketing & Design Agent Elite, Inc.” or “Agent Elite, Inc., “Website Marketing & Design” or “Agent Elite, Inc. Website Marketing & Design.” and the year of creation may appear on the footer on all websites created by Company. Client grants Company a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Work Product (in whole or part) in order to communicate with you, to process your requests and transactions, and to provide the Services or Product.
  2. Company may own or hold a license to use and sublicense various materials in existence before the start date of this Agreement (“Company’s Materials”). Company may, at its option, include Company’s Materials in the Product. Company retains all right, title and interest, including all copyrights, patent rights and trade secret rights in Company’s Materials. Company grants Client a royalty-free nonexclusive worldwide license to use any of Company’s Materials incorporated into the Product. Client may use Company’s Materials only in conjunction with the Product and not in your other services or products. The license shall have a perpetual term and may not be transferred by Client. Company’s materials include designs, code, programs, utilities, and all related materials, as well as programming, consulting, creative, and marketing ideas.
  3. In the course of using the Product, you may collect and receive data and other information about or from end users of your website, including personal information. You agree to treat such information in compliance with the Agent Elite Privacy Policy and any other applicable privacy policies. You will maintain such information securely, using reasonable technical means to prevent unauthorized access, use, or disclosure of such information.
  4. You, the Client, will be the owner of the copyrights with respect to content that you author and post on your website. You unconditionally represent and warrant that you are the owner, assignees, or authorized user of any and all copyrights or trademarks with respect to the content that you post to your website. This includes, without limitation, text, images, photographs and graphic designs. Company is not responsible for verifying your ownership of such rights. You agree to hold harmless, protect and defend Company from any copyright infringement claim or related suit arising from the use of such elements you provide for or post to the website.
  5. Certain materials provided through the Product are protected by intellectual property laws, including but not limited to copyright laws. You acknowledge and agree that the content accessible through the Product that is not uploaded by you and not expressly designated as being provided by a third party is the property of Agent Elite and its content providers, and Agent Elite and its content providers retain all right, title, and interest in the content. Specifically, and without limitation, Agent Elite and its content providers are the owners of all copyrights with respect to the content that Agent Elite provides in connection with the Product. In this respect, references in this Agreement to your “purchase” or “order” of a Product are to be construed as the purchase of a subscription or term license to such content. Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Product and related materials solely for your own use of the Product. Except as expressly provided otherwise in this Agreement, all rights are reserved.
  6. In connection with the use of the Product, you may not:
    • alter or modify the Product, or make any electronic reproduction, adaptation, distribution, performance, or display of the Product, or any portion thereof, except to the extent permitted by the intended functionality of the Product or as required for the limited purpose of reviewing material in connection with legitimate use of the Product otherwise consistent with the Agreement;
    • sell, rent, lease, transfer, or assign to any third party any rights to your account, the Product, or related materials;
    • use the Product for any non-authorized purpose or any illegal purpose;
    • copy, modify, erase, or damage any information contained on computer servers used or controlled by Agent Elite or any third party, except to the extent permitted by the intended functionality of the Product;
    • use the Product to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;
    • access or use any password-protected, secure, or non-public areas of the Product, or access data on the Product not intended for you, except as specifically authorized by Agent Elite;
    • impersonate or misrepresent your affiliation with any person or entity;
    • use any automated means to access or use the Product, including scripts, bots, scrapers, data miners, or similar software, or display the Product, or portions thereof, in things (e.g., framing, scraping, etc.), except as specifically authorized by Agent Elite;
    • attempt to or actually disrupt, impair, or interfere with the Product or any information, data, or materials posted and/or displayed by Agent Elite;
    • attempt to probe, scan, or test the vulnerability of the Product or breach any implemented security or authentication measures, regardless of your motives or intent;
    • attempt to interfere with or disrupt access to or use of the Product by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code;
    • willfully or knowingly create or contribute to circumstances that are dangerous or hazardous or that increase the risk of personal injury or damage to real or personal property of another person; or
    • post any content to the Product that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including Agent Elite’s rules and policies. COMPANY MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO AND USE OF THE PRODUCT AT ANY TIME IN ITS SOLE DISCRETION FOR ANY BREACH OF THE AGREEMENT BY YOU.
Liability
  1. Company has no control over and is not responsible for the content of sites that you may choose to link from your website and assumes no responsibility for the content of a site your site links to or if a site that you choose to link to has inaccurate data, goes offline, or does not allow linking to it for any reason. You are independently responsible for accuracy of content posted on your own website including phone numbers, email, contact information, etc.
  2. All services offered by Company are to be used lawfully in compliance with any federal, state, and local laws; as well as the rules of the acceptable Internet use policies.
  3. Company will not be responsible for loss of use, business interruption, loss of data, profits, opportunity costs or any indirect, special, incidental, exemplary or consequential damages regardless of form of action whether in contract, tort or otherwise or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to: human error, hardware failure, software failure, or telephone company or ISP outages). COMPANY LIABILITY FOR ANY CLAIMS WHATSOEVER, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING CLAIMS BASED UPON DESIGN, ERROR, OMISSION, NEGLIGENCE, DEFECT, FAILURE TO MAINTAIN SERVICE, OR ANY OTHER CLAIM SHALL NOT EXCEED PAYMENTS RECEIVED BY COMPANY FROM CLIENT WITHIN THE PAST THREE (3) MONTHS.
  4. Except for actions for non-payment or liability arising under the indemnification obligations referenced herein, no claim, suit, action or proceeding relating to this Agreement may be brought by either Party more than two (2) years after the cause of action has accrued. Any actions, lawsuits, or proceedings must be conducted solely on an individual basis and the Parties expressly waive any right to bring any action, lawsuit or proceeding as a class or collective action, private attorney general action or in any other capacity acting in a representative capacity.
Third Party Products
  1. Company may, from time to time, offer products and services provided by a third-party service provider. Company makes no representations about the suitability of any third-party products or services for any purpose.
  2. Company is not responsible for any changes made by social media companies. By choosing to use their products, you are subject to their own terms and conditions.
  3. Agent Elite, Inc. and/or the Product may, from time to time, may refer you to physical venues, geographical sites, websites on the Internet, and/or products or services that are owned, under the control of, or maintained by a third party that is not Agent Elite (“Third Party Properties”). Unless otherwise indicated, such references do not constitute an affiliation with or specific endorsement by Agent Elite of any such Third Party Properties. You acknowledge that Agent Elite is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Agent Elite is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. Agent Elite does not make any representations about any Third Party Properties. Additional third-party terms and conditions may apply to your access to or visit or use of Third Party Properties. Please review any such additional third-party terms and conditions carefully. You are responsible for complying with any terms of use, license terms and restrictions, and other conditions imposed by third-party service providers. If you elect to purchase such products or services, you must look solely to the third party with respect to service and warranty claims.
Third Party IDX Services
  1. If the MLS® board of which you are a member requires signed documentation for IDX implementation, you will receive the document via email and/or fax. It is vital that you e-sign, fax, or email the completed agreement back immediately so Agent Elite can properly install IDX on your website.
  2. You authorize Agent Elite to automatically populate your multiple listing service (MLS®) listing information to your website, in those territories where such MLS® functionality is available. Please be advised that Agent Elite may discontinue this functionality, without prior notice, if your MLS® restricts this capability.
  3. You are responsible for incremental fees, if any, charged by your MLS®.
  4. Your website may be launched without IDX enabled. IDX may remain disabled until you return any required paperwork and it is approved by your MLS®.
  5. Agent Elite has no control over and therefore is not held liable should your broker not offer to sign the IDX paperwork or any other paperwork that needs a broker’s signature. Refer to the cancellation and refund policy.
Billing
  1. The credit card, or payment method, you provide to Agent Elite, Inc. will be automatically billed monthly for all charges associated with your account.
  2. You will be responsible for applicable monthly service and support fees, which may include fees associated with your website, the Product purchased by you, and additional products and services you may have purchased.
  3. You, the Client, will incur an 18% service charge should your credit card on file with Agent Elite, go unpaid for 7 days after your monthly bill date.
  4. If you are delinquent on a payment, Company may deactivate your service, without notice at any time.
  5. If your credit card expires, and you don’t provide Agent Elite an updated expiration date, you agree to allow Agent Elite to extend the expiration date and continue charging the card on file.
Cancellations
  1. You, or your authorized representative, have up to 48 hours after your purchase to cancel service and receive a full refund. After 48 hours, all sales will be considered final. As an example, if you purchase a service on Monday at 3:25pm PST, you would need to cancel with us verbally by Wednesday BEFORE 3:25 pm PST.
  2. IF YOU TERMINATE ANY PRODUCT PRIOR TO THE COMPLETION OF AN INITIAL PRODUCT TERM OTHER THAN DUE TO A MATERIAL CHANGE MADE BY US TO THE FUNCTIONALITY OF THE PRODUCT OR TO THIS AGREEMENT, ALL FEES FOR THE FULL PRODUCT TERM WILL BECOME DUE IMMEDIATELY PRIOR TO TERMINATION.
  3. If you are no longer in contract, to cancel service, please follow these directions located on our knowledge base. For security reasons, only the owner of the account is allowed to submit their cancel request by logging into their Agent Elite portal. Cancellations will NOT be accepted in any other form, which includes but is not limited to voicemail, emails, or text message. https://help.agentelite.com/my-account/how-can-i-cancel-my-agent-elite-account
  4. There is a 30 day cancellation policy (this only applies to Clients that are no longer still in contract). You, the client, will be held liable for any charges that were scheduled to be billed on the exact day your request is processed. For example, If the cancel request is submitted and processed on May 10th and your account’s billing date is the 1st, you will be billed one last time on May 10th (the date of processed cancel request) as payment to cover for next month’s June 1st payment. After the last payment, your subscription will be cancelled and will not be billed again. You have access to your website and service until June 30th.
  5. If you remain within your signed contract terms, you may still cancel by making a lump sum payment for the remaining term length and balance that you are liable for based on your contract terms.
  6. Upon 30 days after the cancellation of your website and services, Company reserves the right to delete any and all website data and content. Upon deletion, content and data will cease to exist on Company servers and databases. There is no possibility of recouping that content upon its deletion.
  7. Products under contract may not be downgraded to a less expensive monthly fee until the initial Product term has expired.
  8. Termination of one Product does not absolve you from the terms applicable to any other Product. You are still bound by any active contract terms.
SMS and Texting
  1. The use of Company’s services to send and receive text messages (“Text Messaging”) utilizing SMS and MMS is subject at all times to this Messaging Policy (“Policy”). SMS or “Short Message Service” is a service for sending and receiving messages of up to 160 characters to and from mobile devices. MMS or “Multimedia Message Service” is a service for sending and receiving multimedia and messages greater than 160 characters in length. This Policy is not intended to be a comprehensive guide for compliance with laws and regulations that apply to Text Messaging. Company makes no representation that meeting the requirements of this Policy will also ensure compliance with all applicable international, federal, state/local laws, ordinances, regulations, and orders (“Applicable Laws”). Company encourages customers to develop and implement policies and procedures designed to ensure compliance with Applicable Laws as violations may lead to substantial fines.
  2. Company may revise this Policy at any time. By utilizing Company’s Text Messaging features, you agree to abide by this Policy.
  3. NOTE: It is of vital importance that you review and operate within the Terms and Conditions set forth by Company’s telecommunications carriers. Failing to due so will result in your company being banned from sending SMS messages via Company by our carriers.
  4. This service does not allow any unsolicited, unexpected, or unwanted text messages (a/k/a Spam). By using this service you (“Client”) agree to comply with all federal, state, and local laws, statutes and regulations, as well as applicable text/SMS/MMS messaging/telecommunications industry guidelines, including without limitation, the following laws and guidelines:
    • Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227, et seq., and related regulations, 47 CFR. Part 64.1200, et seq.;
    • Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, et seq.;
    • Controlling the assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003;
    • Mobile Marketing Association (“MMA”) U.S. Consumer Best Practices Guidelines for Messaging;
    • Cellular Telecommunications Industry Association (“CTIA”) Best Practices and Guidelines for Location-Based Services;
    • CTIA Messaging Principles and Best Practices;
    • CTIA SMS Interoperability Guidelines; and
    • CTIA Short Code Monitoring Program Handbook.
  5. Client represents and warrants that the owners of the phone number to which Client transmits any outbound text messages through the Licensed Technology have expressly consented or otherwise opted-in to the receipt of such messages, in accordance with the TCPA, the TSR, and other applicable federal, state, local laws, statutes and regulations and industry guidelines. Client acknowledges that Client is solely responsible for all acts or omissions or violations of law that may occur in connection with Client’s use of the Licensed Technology. Client acknowledges and agrees that Client shall have sole responsibility for obtaining any consents for mobile numbers and for complying with any terms and/or conditions that may govern such mobile numbers.
  6. Client agrees that Client will not access or otherwise use any third-party list of phone numbers or otherwise engage in unsolicited messaging in connection with the Licensed Technology. Additionally, Client agrees not to send messages to any recipient beyond the frequency represented in any disclosures or terms. Client agrees to represent truthfully its identity, the products or services, availability of services, pricing, benefits, and any other offering aspects in the messaging. Client agrees to comply with all local, state, and federal laws and regulations as well as general industry best practices governing the content or promotion type in the messaging. The service provider, and its licensors and vendors, reserve the right, in their discretion, to monitor any and all messages created or sent by Client or any third party at any time without prior notice to ensure that they conform to the guidelines and policies pertaining to the Licensed Technology. Client is solely responsible for any claims or incidents that may result from the removal of any opt-out instructions.
  7. Client agrees that it will not initiate any subsequent messages to any individuals after they make an opt-out or STOP request. Client hereby acknowledges and confirms that it is solely responsible for the content of the messaging. Client will ensure that any and all consents have been obtained, including without limitation, consent for the delivery of commercial and marketing messages. Client also agrees to defend, indemnify and hold harmless the service provider and its licensors and vendors from and against any and all claims or damages which may result from Client’s use of the Licensed Technology, including without limitation, claims, damages or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators. The service provider and its licensors and vendor reserve the right to hold, suspend or terminate Client’s account or access to the Licensed Technology for any alleged violation of this agreement and/or any unusual or suspicious activity related to Client’s account.
Confidentiality
  1. “Confidential Information” means all nonpublic technical or business information, including the terms of this Agreement, disclosed by one party to the other party and marked as proprietary or which is of a nature or presented under circumstances that would cause one to reasonably conclude it should be treated as confidential. The receiving party shall return all Confidential Information to the other party upon completion of the services, hold such information in confidence for three years after termination of this Agreement, restrict disclosure of such information solely to its employees with a business need to know such information, and use a degree of care no less than the degree of care as it uses for its own proprietary information to prevent the unauthorized disclosure, use or publication of such proprietary information. Confidential Information will not include, however, any information which is or becomes part of the public domain through no fault of recipient, was in recipient’s possession or known to recipient, without any obligation to keep it confidential, before such information was disclosed to recipient, or that the parties regularly give to third parties without restriction on use or disclosure.
No Warranties
  1. Company agrees to perform the Services in a professional manner, using personnel having a level of skill and experience in the area commensurate with the requirements of the Services to be performed and in accordance with industry standards. ALL SERVICES ARE PROVIDED AS IS, WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. Agent Elite MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PRODUCT ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. AGENT ELITE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Company disclaims errors, inaccuracies, and omissions of the Product, and Company reserves the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Company makes no guarantees as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Product. If Client believes any portion of the Product includes an error or inaccuracy, Client shall notify Company immediately. Company will make commercially reasonable efforts to keep the Product operational. However, certain technical difficulties, routine site and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Product. In addition, Company reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Product, with or without notice
Indemnification
  1. CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, OTHER CONTRACTORS, ITS ATTORNEYS, SUCCESSORS, AND ASSIGNS (“COMPANY INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, FINES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND (“LOSSES”) ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT BY YOU AND ANY ACT OR OMISSION BY YOU RELATING TO YOUR USE OF THE PRODUCT. SPECIFICALLY, AND WITHOUT LIMITATION, YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY INDEMNITEES FROM AND AGAINST ANY AND ALL LOSSES ARISING FROM: (1) YOUR CONTENT, INCLUDING ANY CLAIMS OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY OR PUBLICITY, AND (2) YOUR USE OR MISUSE OF ANY INFORMATION ABOUT END USERS OF YOUR WEBSITE, INCLUDING ANY UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF SUCH INFORMATION
Disclaimer of Warranties
  1. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PRODUCT ARE AT YOUR SOLE RISK. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY Agent Elite, Agent Elite DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PRODUCT; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PRODUCT; AND (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE PRODUCT
Operation of the Product from the United States of America
  1. Access to and use of the Product are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this section.
  2. By accessing and using the Product, you acknowledge and agree that Agent Elite controls and operates all parts of the Product from its offices in the United States of America and that the Product is intended for use by users located in the United States of America. Unless expressly stated to the contrary, Agent Elite makes no representation that the Product is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Product are solely directed to individuals, companies, or other entities located in the United States of America. Agent Elite reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Product is void where prohibited. If you access or use the Product from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Product in violation of applicable export laws and regulations.
  3. If you access the Product from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and the Agent Elite Privacy Policy.
Arbitration
  1. Any controversy, claim, or dispute arising out of or related to the services provided by Company to Client (or the interpretation, performance, or breach of any services agreement) or any Product or other product, service, or content provided or made available by Company (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this section. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. Except as described in this section, the arbitration shall be initiated and conducted according to the Rules of the American Arbitration Association then in effect (the “Arbitration Rules”). The arbitration shall be conducted in the County of San Diego, California, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by this Agreement and any other applicable written agreement between us. No Disputes may be arbitrated on a class or representative basis; arbitration shall decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against any party. BY ENTERING INTO THESE TERMS, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE AS ASSERTED INDIVIDUALLY

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